How to stop a video lottery casino

1. How do you as a citizen stop an unjust or unwarranted action by Sioux Falls city government staff? Have your facts straight, present them well and show up in overwhelming numbers to all meetings you can get to. Then be at every city meeting dealing with and even those not part of your concern speaking up.

   Be there speaking at every Public Input including the night of the 1st Reading. Rules prevent the public from speaking during the 1st Reading presentation time, so speak up during the general Public Input period. Be sure the Council knows your concerns.

   Question everything, all the time and let them know it.

   The Sioux Falls City Council on September 1, 2015 had a period where it became a quasi-judicial body. In other words as a group they become administrative or executive officials similar to a court of appeal proceeding.

   Item #20 was a Planning Commission appeal of the decision to allow a pair video lottery casinos to be allowed without any conditions to an established residential neighborhood. The August 5, 2015 Planning Commission was advised by city zoning staff no conditions could be discussed or voted on to lessen the damage to the neighborhood. The Commission was also advised they could not deny the staff recommendation. With this information, the Commission voted to approve.

   The neighbors filed an appeal to the City Council within the five (5) day allowed period after the Commission vote (for those interested, this is key). The appeal allows the neighborhood to organize and present their case to the Council.

   Once the city presented the case facts, Charlotte Miller spoke, laying out the case for repeal of the action in a straight forward clear manner. She could have been a successful trial lawyer.

   Jeff Gould summarized the information and feelings of the abused 85th St neighborhoods with eloquence.

   What can you say about the knowledge Greg Neitzert has when discussing Shape Places and the affects it has on the city. This one individual has the knowledge and street sense to find solutions needed.

   Then there is our cameraman Bruce Danielson, who brought the conflicted words of city zoning officer Jeffery Schmitt into one video for the council to hear. What rule book is he using. Can you imagine playing a board game without written rules, who wins?

   After the Appellants and Public Input were done the Council questioning continued. It was interesting the Applicant never spoke on his behalf, leading the Council to ask if he was in the room. He should have been left out of the process at this point for Public Input but the rules were bent for him. Bryant Soberg then spoke as owner asking for permit approval between what must have seemed tough questioning.

   The Council had an interesting deliberation period where it showed they have many questions on how to tie the old 1983 zoning rule book to the realities of the 2013 Shape Places zoning rule book.

   In the end, the permit was rejected by the Council. Councilor Greg Jamison in the process had an interesting City Attorney clarification of the process all who seek conditional use conditions should remember:

   Jamison: Can the City Council add more conditions to a conditional use permit?
   City Attorney: Yes they can add additional considerations

   Jamison: Can the City Council deny a conditional use permit?
   City Attorney: Yes

   Think about this process as before another neighborhood’s rights are being trampled by uncontrolled growth in the name of expedience.

2. I could not care less what goes in on this corner, I live far away from the location.

   Listening to staff, a ‘casino’ would have the lowest traffic counts of almost any business that may locate at the corner. We all know it will be frequented by of means to satisfy a gambling urge, not exactly a surly and unruly crowd.

   Low traffic counts and a quiet customer base, does this not beat the hell out of a Burger King?

   Again, I really don’t care what goes in at this corner.

3. Does public input ultimately change the outcome of the Council’s vote?

   Not often.

   Does public input help to inform citizens?

   Yes. Although, public input often times includes inaccuracies.

4. Bravo, Cameraman Bruce!

5. Kevin, the reason we should care is because this could be next door to you with all the broken promises of Shape Places zoning rules. If we are to have these new zoning rules then the city should be working to process them equally across the town. This is not a matter of pink versus yellow flowers as Schmitt tried to make it. It is a proper use of the rules.

   Zoning is not there to see what someone can get by with but there to also protect the people who have already invested in their property.

   We have some who feel there should be no zoning codes. Okay, lets have the discussion but until we have it and vote on their removal a developer trying to dump property should not be able to game the system at the expense of the neighborhood.

6. I think the council is trying to get involved. To late. You stood by while extravagant non-competitive bid tennis, swim, & concert palaces were built. Now, there’s half a billion in debt for a population of 160k. Debt that made many millionaires. Yes, Home Rule gave you no power. Not a qualified excuse when it comes to pending civil rights action(s). Your assets are not exempt and your bond is revoked for federal cases.

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